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PHMSA Announces Proposed Rule Addressing Natural Gas Pipeline Safety

The Pipeline and Hazardous Materials Safety Administration (PHMSA) announced a Notice of Proposed Rulemaking that would update critical safety requirements for natural gas transmission pipelines.  Sutherland attorneys Paul Forshay, Michael Stosser, and Allison Speaker authored the following Legal Alert describing the rule.  Comments on the rule are due by June 7, 2016 PHMSA has issued...

Tenth Circuit Affirms Decision Excluding Experts in Ladder Case for Failure To Test Theories

Yesterday, the Tenth Circuit affirmed a district court’s grant of summary judgment to the owner of a waste systems facility in a case brought by a worker injured when he fell from a ladder while delivering fuel to the facility.  The district court had excluded the testimony of both of the worker’s expert witnesses, and then granted summary judgment for the facility owner...

Failure To Amend Insurance Coverage Disclosures Found Sanctionable

On Friday, the U.S. District Court for the Eastern District of Wisconsin granted a motion for sanctions against attorneys representing the manufacturer of a catwalk from which an egg farm worker fell and was seriously injured.  At the beginning of the case, the attorneys made the following initial disclosure about available insurance coverage from the company’s German insurer:...

2015 Year in Review

Earlier today, we released the 2015 Year in Review, which assembles the 20 posts from last year that received the most reader interest.

Railroad Must Produce Event Recorder Data For Longer Time Period Before Derailment

Following last year’s crude oil train derailment in West Virginia, the railroad brought suit against the company responsible for maintaining the track.  The railroad alleged that the derailment was caused by the defendant company removing anchors from the track in anticipation of replacing the existing rail (the replacement allegedly was supposed to take place the same day as the...

Indictments Issued Following 2012 Offshore Incident Alleging Safety Sacrificed For Speed

Earlier today, a federal grand jury indicted two companies and three individuals following a 2012 offshore incident that killed three workers.  The charges range from involuntary manslaughter to charges involving violation of federal safety practices under the Outer Continental Shelf Lands Act and the Clean Water Act.  At the time of the incident, the well had been “shut...

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